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Hildebrand Law, PC Client Reviews

I hired Michael Clancy just when I was about to give up on an existing post-decree case which I started with a different attorney over a year ago. Michael is knowledgeable, upfront and personable; he gave me the confidence to continue and settle my post decree case. I knew he was secure, capable and could handle my case and represent me well. He did everything he could to ensure a great outcome for the modification of my current court orders to help my son have a more stable mental, social and physical well-being, which to me is priceless! I would highly recommend him to anyone who wants to be in the best possible hands during one of the most stressful events that could happen to any parent that wants the best for their child/children. Thank you Michael for fighting for my son's safety!! Also, his paralegal, Alison, was awesome and very helpful!read more

Shari Abbit

21:15 12 Apr 19

HIGHLY RECOMMEND! Cannot say enough wonderful things about my experience with Hildebrand Law. I have been working with Chris and the firm for about 6 years now, and I always feel like my concerns, issues and questions are addressed in a thorough and timely manner. They definitely have my best interests at heart. I recommend Chris whenever anyone asks me who I used as my divorce attorney. Great firm and great results!read more

Shari Abbit

21:15 12 Apr 19

HIGHLY RECOMMEND! Cannot say enough wonderful things about my experience with Hildebrand Law. I have been working with Chris and the firm for about 6 years now, and I always feel like my concerns, issues and questions are addressed in a thorough and timely manner. They definitely have my best interests at heart. I recommend Chris whenever anyone asks me who I used as my divorce attorney. Great firm and great results!read more

Brandi Slaybaugh

13:11 05 Apr 19

Compassionate and patient and helped so much. The best attorney I've ever dealt with. Nothing but good things to say about Chris. So grateful.read more

Rick Cabral

23:23 22 Jan 19

Chris Hildebrand is one of the sharpest and effective attorneys that I have encountered in my 27 years of business. Doing business on the East Coast, as well as Southern California and Arizona has afforded me countless opportunities to work with legal minds from various parts of the country. Needless to say, Chris is by far one of the most honest, intelligent and street smart attorneys I have encountered. I have referred a number of people to Chris and everyone has been fully satisfied. 100% recommend him!read more

Rick Cabral

23:23 22 Jan 19

Chris Hildebrand is one of the sharpest and effective attorneys that I have encountered in my 27 years of business. Doing business on the East Coast, as well as Southern California and Arizona has afforded me countless opportunities to work with legal minds from various parts of the country. Needless to say, Chris is by far one of the most honest, intelligent and street smart attorneys I have encountered. I have referred a number of people to Chris and everyone has been fully satisfied. 100% recommend him!read more

Niko RedMoon

02:57 18 Jan 19

This is not only a great law firm that cares about their clients but also the results they get for their clients. Great people and attorneys, I highly recommend this firm!read more

Richard Sipan

23:51 18 Oct 18

I first should comment on how I found this law firm. I am an attorney myself, though never licensed in Arizona. I moved to Arizona to rejoin my wife and son, who had moved out to Arizona ahead of me. Things soured. I don't know why, but they did.There was a particular issue for me with inherited property. I did some basic Internet research, and Hildebrand's name kept coming up as the author of scholarly articles on the issue concerning me. I asked that Hildebrand be assigned to my case. This was not possible, but his second in command, Mr. Micuda, took over, and Mr. Micuda knows his business.The initial scheduled 1 hour meeting ran for an hour and 45 minutes, and facts, law, and strategy were fully discussed. Throughout the case, everything was explained to me clearly, both verbally and in writing.Proceedings went forward without delay. Because I had selected one of the most prominent Domestic Relations firms in town, there was no serious opposition. This ended up being an essentially co-operative divorce between the two sides, the reasoning being to conserve assets rather than enrich lawyers.Through a series of 3 or 4 payments, I put up about $10,000 for fees and costs. I found the Hildebrand law firm's billings to be fair. They billed for work done; no padding. I am getting about 25% of what I paid in back, as a refund.The matter was done in about 6 months: divorce, agreed property settlement, agreed support provisions as to my son. My matters were handled by an attorney and paralegal team, and handled efficiently.Mine was not a "big" case in terms of its economic value to anyone, but I did not feel like a second or third class citizen; I was treated with the same respect, even though the dispute was over a condo, as opposed to, say, a Scottsdale mansion with land.This may sound strange, but i was actually somewhat sorry that the matter had to come to a conclusion. I felt that I had been treated like a friend, not just an anonymous customer. Being a practical man, I realize it's down to sending a Christmas or other seasonal card.As I said at the outset, I found this place by dint of my own research. I feel I am a lucky man that I did.read more

Jim Caryl

22:53 26 Jul 18

I interviewed several firms and selected Hildebrand Law for my difficult military divorce as a direct result of their whole family concern and integrity. During the interview process the professionals at Hildebrand Law were as concerned for the well being of my children as I was and ensured that they presented several options along the way to ensure that we protected my children's needs as well as my financial situation. At each decision point they laid out a clear path, how it impacted the children, the financial situation. They even reminded me that my ultimate stated goal was the best interest of my children each time the other party got particularly challenging and my frustration was getting the better of me. The owner handled my case personally and was exceptionally well versed in the unique aspects of a divorce involving the military and associated benefits. Won't need them again (fingers crossed!!! :) ) but would totally recommend them to anyone!read more

sandi rigney

17:19 28 Jun 18

We had a fairly complicated case in Family Court and Juvenile Court. Kip was an excellent attorney. He covered every base there was to cover and left no stone unturned. I would highly recommend him to anyone going through custody proceedings. Hildebrand Law is an excellent law firm and I am confident that Kip or any of their other attorneys would do an excellent job! Thanks Kip and Hildebrand Law!read more

PrinceAiden Johnson

17:15 13 Jun 18

The firm of Hildebrand Law is top notch. It's necessary to state again that Kent Millward is the epitome of excellence in a vast community of attorneys and will fight valiantly for you. We hired Kent and discovered a very good attorney with a good heart. For great family law representation and more this is the Law Firm for you. To Chris, Kent, Alison and all of Hildebrand Law,Thank you so much!read more

Bassam Ziadeh

21:20 02 Apr 18

I retained Hildebrand Law after interview a number of firms in the valley. Working with Michael C. was incredibly easy and informative. My case progressed in such a organized and thought out way to ensure that my needs were met. Michael was incredibly proactive and was able to see far ahead into my case to steer clear of some roadblocks. I would not hesitate to recommend Michael Clancy, and Hildebrand Law in general, to anyone.read more

Larry Flint

21:53 27 Feb 18

I have worked with Hildebrand law for about 8 years. They are always ready to serve, provide guidance and give you a few options. When they provide you options they also take the time to walk you through the pros and cons of each and give you a recommendation of what is best, but will listen to you and support whatever course you choose after making and educated choice. I’d recommend them to my closest friends and feel Chris Hildebrand is now a friend to me.read more

A Google User

16:03 22 Nov 17

Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.read more

A Google User

21:41 07 Nov 17

I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.read more

A Google User

18:16 18 Sep 17

Chris is a smart and aggressive attorney for his clients. Chris always tries to reach a fair settlement of his cases. I’ve represented clients when Chris was the opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his clientread more

Lindsay Donoian

06:53 27 Sep 14

I cannot express enough how thankful I am that I found Hildrebrand Law. Chris Hildebrand is an excellent attorney who has my best interests in mind and always encourages me to do the right thing regardless of what the opposing party is doing. Chris knows family law very well and relies on that knowledge to format options and solutions for each situation that may arise. He knows what the Court expects and what will and will not be tolerated. He has attempted to settle this case quickly and as inexpensively as possible from the start. His paralegal, Laura, is remarkable. She is organized, quick to respond, and compassionate. Chris is well prepared with a binder full of detailed and organized information and that is likely due to her thorough skills and expertise. While getting a divorce that was unexpected is a painful and difficult process, Chris and Laura treat my family and I like friends rather than another just "client." I am hopeful that I do not need to recommend divorce lawyers to anyone in the future but if I do, Hildebrand Law will be a recommendation I would give hands down. read more

Sam Franchimone

22:09 12 Sep 13

Despite the unfortunate situation I found myself in, Chris Hildebrand @ Hildebrand Law helped me maneuver every step with professionalism, expertise, and even a sensitivity that was an added bonus.
Chris and his staff helped me even when I didn't know I needed the help. In other words. . . they made sure we did not leave anything undone.
And in the rare instance we needed the expertise of another professional, Chris knew exactly who to recommend.
Chris also knew, because of his experience, what to anticipate down the road of litigation. That meant we were better prepared to meet the challenges head on, which lead to a more equitable and fair outcome.
I appreciated that Chris did his best to meet my every need in a timely fashion, even if I had a simple question that required only a phone call or e-mail or if we needed to talk face-to-face.
I highly recommend Chris Hildebrand @ Hildebrand Law, PC.read more

Calculating Child Support in Arizona

The Arizona Legislature has codified in Arizona Revised Statute section 46-401 the public policy that it is the responsibility of parents to support their children to avoid dependence on public welfare assistance programs.

The Arizona Supreme Court issued a decision in the Matter of Appeal of Cochise County holding that the duty of a parent to support his or her child through child support payments extends to providing a place for the child to live, providing food, clothing and medical care, and an education.

Support is either agreed upon by the parties or determined by the court after a trial.

The Arizona Supreme Court in the Gotthelf v. Gotthelf case held that, although the parties are free to reach an agreement concerning the payment of support, the judge is not required to accept that agreement if the court believes the agreement is contrary to the best interests of the children.

Child support ends when the child turns eighteen years of age unless the child has not yet graduated high school in which support in Arizona will continue until the earlier of the child graduating high school or the child reaches the age of nineteen; whichever occurred first.

An exception exists for a child who is severely disabled in which case financial support will continue until such time the disability ends.

However, the Arizona Supreme Court in the Ferrer v. Ferrer case held that the trial court should wait until the right moment to evaluate whether the child’s disability requires the continuation of support beyond the child’s emancipation.

This case suggests judges should not make that determination when the child is younger and should, instead, wait until the child is approaching his or her emancipation.

The ruling in the Ferrer case held a trial court should not speculate whether the child would or would not recover from his or her disability years before the child’s actual emancipation.

Financial support for a child is ordered based on the parties’ current financial situations.

The Arizona Court of Appeals in the Brevick v. Brevick case held a judge may not enter a support order that automatically increases periodically based on the assumption the parent paying the child support will continue to receive annual raises in his or her salary.

All child support orders are required to include provisions assigning the responsibility for providing and paying for health insurance, uninsured medical expenses, and daycare costs.

However, the Arizona Court of Appeals in the Smith v. Smith case held that the responsibility for the payment of medical expenses for a child does not extend to cosmetic medical expenses, such as cosmetic dental procedures.

Child support is paid through the Arizona Support payment clearinghouse via a wage assignment in most cases; although some judges will allow a parent to pay their child support obligation directly to the other parent.

If a parent has received public assistance for a child, the state will issue an Atlas number to that person’s case.

The paying payment will need to add that Atlas number to any payments made through the support payment clearinghouse.

The courts take child support obligations very seriously, so it is important that you remain current on your child support obligation.

Child Support Guidelines

Child support is calculated using what is referred to as the Child Support Guidelines and requires a determination of each parent’s gross income, the cost of health insurance for the child(ren) only, daycare costs, parenting time days with the noncustodial parent, and extraordinary education costs such as private school tuition.

Under Arizona child support laws, Arizona does not have the authority to add the cost of the child’s participation in extracurricular expenses when calculating the appropriate amount of support, such as fees and expenditures related to sports, music lessons, and other extracurricular activities.

The only exception to this general rule is if the child demonstrates an extraordinary talent in the particular activity. This child support calculator is primarily a mathematical formula.

The Guidelines, correspondingly, are not directly influenced by a parent’s actual living expenses or their debts; although a parent’s necessary living expenses were allegedly taken into consideration when the drafters of the Guidelines set limits on the basic support amounts included in the Guidelines.

Child Support Guidelines.

The Supreme Court is required to review and, if necessary, revise the Guidelines every four years.

In creating or changing the Guidelines, the Arizona Supreme Court must include, among other things, considerations of the needs of the parties’ child.

The court should consider the resources and needs of the parents.

The court should consider the standard of living the child would have enjoyed had the parents lived with their child in an intact household.

The court shall also consider the physical and emotional condition of the child, as well as the child’s educational needs, the provision of health insurance for the child, the duration of parenting time and related expenses incurred by the noncustodial parent for the child during that parenting time.

The Guidelines intend to determine the total amount of support the child needs on a monthly basis.

The Guidelines then divide that total figure between the parents in proportion to their respective incomes.

The primary custodial parent is presumed to be providing his or her share of his or her amount of that total by the child residing in his or her home.

The non-custodial parent’s share is the amount he or she will be ordered to pay to the custodial parent. The Guidelines max out at a total combined income of $20,000.00 per month.

Deviation in Child Support

In cases in which the parents combined earnings are greater than $20,000.00 per month, a party may ask for an upward deviation in child support, but that parent has the burden of proving an upward deviation is in the child’s best interests.

The Arizona Court of Appeals in the Nash v. Nash case held that a trial court cannot refuse to consider evidence supporting an upward deviation in support above the $20,000.00 combined income maximum simply because the custodial parent has sufficient wealth to provide for the additional needs of the child.

In that case, professional Phoenix Suns point guard, Steve Nash, earned significantly more than the $20,000.00 per month income cap of the Guidelines.

Calculating the Parents’ Incomes

The revenues of the actual biological parents are included in the calculation.

The Arizona Court of Appeals in the case of In Re Marriage of Pacific held that the court shall not attribute to a parent half of the income of their new spouse when calculating child support.

Parties are required to testify and provide financial documents establishing, for example, their wages, the cost of providing health insurance for the child(ren), and daycare costs.

Parties are required to exchange Affidavits of Financial Information wherein they list their income, expenses, and other expenses associated with child support.

The Court of Appeals in the Kells v. Kells case held that such Affidavits of Financial Information have no evidentiary value making it imperative that parties present actual financial documents to the court at a trial.

If one of the parents is self-employed, a determination will need to be made to establish that parent’s true income.

A review of the business tax returns provides a starting point for evaluating that parent’s income, but a person should never just rely on a business income tax return.

Instead, an analysis needs to occur in the business’ financial statements, such as the business’ Profit and Loss Statement and Balance Sheet statement.

The documents may reveal additional income, such as personal expenses that are being paid by the business but deducted as a business expense, according to the Arizona Court of Appeals case of Pearson v. Pearson.

The records may show the purchase of additional equipment that has been 100% deducted under a section 179 income tax deduction, but that asset has an extended service life.

Also, the court, according to the Arizona Court of Appeals case of Baker v. Baker, may decrease a self-employed parent’s reported income because of business losses or depreciation in certain circumstances.

Calculating Child Support.

Some parents choose to work overtime or even two different jobs to make ends meet after a divorce.

The Arizona Court of Appeals held in the McNutt v. McNutt case that a parents income should is based upon their revenue from their primary job to avoid a parent continually facing increases in support payments due to the more they work to pay their living expenses.

Although McNutt dealt with alimony, the reasoning may be persuasive in a similar child support case.

A court is required to at least attribute an income of minimum wage based upon full-time employment, according to Arizona Revised Statute Section 25-320 if a parent is not employed.

The court, however, is permitted to attribute to a parent an income-based upon their actual earning ability if the tribunal concludes that parent is intentionally unemployed.

However, an exception to this rule may apply.

Specifically, the Arizona Supreme Court in the case of Little v. Little set forth many factors the court should consider when determining whether to reduce a parent’s income when calculating child support when a parent voluntarily quits their job to attend school.

The balancing test is the best interests of the children in receiving current support versus the increased income that parent will have available to support the child after completing his or her education.

Since child support calculations are based on a mathematical formula, child support issues are usually resolved without the need for a trial. There are, however, some special circumstances that make calculating child support more complicated, such as when one of the parents is self-employed, in which a business evaluation may be necessary.

It is important to hire an Arizona family law attorney who knows how to review and evaluate business financial statements, bank account records, and other financial information to accurately determine a self-employed parties’ income.

Hildebrand Law, PC provides practical and efficient solutions for all of our clients in their child support cases.

Modification of Child Support in Arizona

A parent may seek a modification of child support any time he or she can demonstrate there has been a substantial and continuing change in circumstances to modify child support.

Many factors could result in a modification of child support. A parent’s income may have changed substantially.

The cost of providing health insurance may have changed.

Arizona case law has held that a substantial and continuing change in circumstances exists anytime there is at least a 15% change in the child support calculation regardless if no other factors have changed.

There are two procedures you may use to modify child support in Arizona.

The court will schedule a hearing to allow both parents to submit testimony and exhibits after which time the court will issue a ruling on the requested modification.

Alternatively, you can use the simplified method to modify child support.

The simplified method simply requires you to file a Simplified Petition to Modify Child Support.

You will need to submit a child support worksheet demonstrating how much the child support should be.

You must serve the other parent with these documents.

If he or she fails to file an objection to the Simplified Petition the court will sign an order modifying the child support without you needing to appear in court.

If the other parent files an objection, the court will schedule a trial on the requested modification of child support.

Back Child Support

It is an unfortunate reality that some parents fall behind in their child support payments. Failing or refusing to pay child support can result in a child not receiving the full financial support he or she should be receiving.

Although Arizona case law has held that you can enforce a child support order from another state without registering it in Arizona, it is still a good idea to register the child support in Arizona.

Case law has held that you cannot modify a child support order from another state in Arizona unless it is properly registered in this state.

If you are facing support issues in Arizona, you deserve the peace of mind that comes with knowing your most precious assets are guarded by a committed team who focus only on Arizona divorce and related family law cases.

Call us at (480)305-8300 to schedule your personalized consultation with one of our divorce attorneys with experience in valuing a professional practice in divorce in Arizona.

SCHEDULE YOUR CONSULTATION TODAY!

Chris Hildebrand wrote this article about child support to ensure everyone has access to information about child support laws in Arizona. Chris is a divorce and child support attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through in a child support case.

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